Oneida Nation land issue remains in limbo

Wednesday

More than three months have passed since the federal government was expected to make a decision about the Oneida Indian Nation's request to put more than 17,000 acres into federal Indian trust.

VERONA - More than three months have passed since the federal government was expected to make a decision about the Oneida Indian Nation's request to put more than 17,000 acres into federal Indian trust.

Now, as 2008 approaches, the issue is still in limbo. Its resolution could have implications for Indian land elsewhere in New York state and the United States.

Local officials and experts said reasons could include:

-- The U.S. Bureau of Indian Affairs having a backlog of land-into-trust applications.
-- The complexity of the issue, and the federal government needing more time to sort out details.
-- The trust application is one of the largest in history.
Rocco DiVeronica, chairman of the Madison County Board of Supervisors, said he believes it's a combination of the three.

“This is the biggest, I believe, in the Northeast or even in the country,” he said. “It's not a simple trust application.”

The Nation would not comment for this story, spokesman Mark Emery said.

The Bureau of Indian Affairs does have a large backlog of land-into-trust applications, and it's not something unique to the Oneidas, said Robert Batson, government lawyer in residence at Albany Law School.

“I think they're caught up in a nationwide problem. It used to be land-into-trust was fairly straight forward,” Batson said.

“I don't know if that's what's driving the delay, but I'm certain their application is more complex than most that are coming in,” he added, referencing the Oneidas.
Still, not having an answer leaves the county with many questions, Oneida County Executive Anthony Picente said.

“It's just delay, delay, delay, and we're not sure what the real reason is,” Picente said. “It just presents itself with so many unknowns.”

James E. Cason, associate deputy secretary of the Department of the Interior, was supposed to visit Madison and Oneida counties in January to likely discuss with officials the trust application, DiVeronica said.

The Interior Department oversees the Bureau of Indian Affairs.

However, due to a medical issue, that visit has been postponed and a new date has not been set, DiVeronica said.

Neither the Interior Department nor the Bureau of Indian Affairs returned phone calls.

After the 2005 U.S. Supreme Court decision ruling saying Nation-owned properties in the city of Sherrill were subject to local taxes and regulations, the Nation applied to place thousands of acres into trust.

If the application is granted, the land and the businesses on it would be exempt from state and local taxes and regulations.

The Bureau of Indian Affairs is considering several options, from placing 35,000 acres into trust to none at all. A decision was expected this past summer, then extended to fall and now a new time frame is unclear, officials said.

The decision is one that local officials and residents await with anticipation because Madison and Oneida counties could reap tax benefits if any land is denied trust, officials said.

Oneida Nation supporters have said in the past the 5,000 jobs the Nation provides could be in jeopardy if the land is not granted trust.

Last winter, hundreds of resort employees attended hearings about the issue to stress the importance of getting the land into trust.

Those in support and those against donned shirts and buttons and carried signs stating their point of view.

David Vickers, president of Upstate Citizens for Equality, said the issue is complicated, and needs to be studied as such.

“There are still very serious legal questions and consequences for any decision that is made,” he said.

Regardless, it needs to be resolved, and until then, the entire county is affected, Vickers said.

“It settles all the questions of jurisdictions,” he said, citing smoking, alcohol and tax issues the Nation has long dealt with.

DiVeronica said he expects some land will be put into trust, but the details are what matter.

“How much and where is a big thing,” he said.

If the federal government rules the land will go into trust, Vickers said his group will sue the governor and the Department of the Interior.

For Picente, it's more a question of regulation.

Whatever the ruling is - he questioned who enforces it - local, state or federal?
“That's the frustration in terms of the bigger decision,” he said. “It's a bigger picture than just knowing a number of acres.”

Observer-Dispatch

AT A GLANCE

The federal government has still not announced a decision about the Oneida Indian Nation's request to put more than 17,000 acres into federal Indian trust.

What's next? An official from the U.S. Department of the Interior may meet with officials from Oneida and Madison counties in January to discuss the issue, officials said.

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